Below is a comprehensive overview of how to handle disciplinary action in the Philippines when an employee threatens another person—whether it is a co-employee, a supervisor, a client, or even the company itself. It encompasses the legal basis, procedural requirements, and best practices for employers. Please note that this article is for informational purposes only and does not constitute legal advice.

1. Legal and Regulatory Framework

1.1 The Philippine Labor Code

The Philippine Labor Code (Presidential Decree No. 442, as amended) governs employee–employer relations, and it outlines the just causes for termination of employment. While “threats” are not specifically enumerated, they often fall under causes such as serious misconduct, willful disobedience, or gross and habitual neglect of duty—depending on the circumstances. More specifically, violence, intimidation, or threats toward co-workers, supervisors, or clients may constitute “serious misconduct” (Article 297 [previously Article 282] of the Labor Code) because it involves improper or unlawful conduct directly related to the performance of duties and reflects on the moral character of the employee.

1.2 Company Policies and Work Rules

Most companies maintain Codes of Conduct or Employee Handbooks detailing expected standards of behavior and disciplinary measures. Threatening behavior (e.g., verbal threats, physical intimidation, bullying, or harassment) is almost always classified as a serious offense that can warrant suspension or even dismissal. This is recognized under the right of employers to formulate reasonable rules and regulations to maintain order and protect the interest of the business.

1.3 Relevant Case Law

Philippine jurisprudence consistently upholds an employer’s right to dismiss employees guilty of serious misconduct. For instance, the Supreme Court has ruled in multiple cases that any deliberate threat or intimidation that could endanger the safety of co-workers or the business itself constitutes serious misconduct. That being said, the courts also strictly scrutinize whether the due process requirements have been followed before imposing dismissal or other severe sanctions.

2. Understanding “Threatening Behavior”

2.1 Definition and Forms

“Threatening behavior” can be:

Verbal threats (e.g., “I will hurt you after work,” or “I will destroy company property if I don’t get my way”)
Physical intimidation (e.g., standing menacingly close to another person, brandishing a weapon)
Written or electronic threats (e.g., threatening messages sent via email, text, or social media)
Indirect threats (e.g., “Something bad might happen if you don’t agree,” while insinuating harm)

2.2 Context and Severity

Employers should assess whether the threatening behavior:

Occurred within work premises or was work-related (including online or outside working hours but connected to work)
Is severe enough to create an unsafe or hostile environment
Is an isolated incident or part of a pattern of misconduct

3. Grounds for Disciplinary Action

Depending on company policy and the severity of the threat, employers can impose:

Verbal Warning
Written Warning
Suspension (of varying lengths)
Termination of Employment (in severe cases)

While disciplinary sanctions vary from one organization to another, the common denominator is that the sanction must be commensurate to the gravity of the offense. If the threat is severe—particularly one that involves potential violence or real harm—dismissal may be justified.

4. Procedural Due Process Requirements

Under Philippine law, employees are entitled to due process prior to the imposition of any disciplinary action, especially dismissal. The Supreme Court has consistently emphasized the dual aspects of due process in the employment context:

4.1 Notice

First Notice (Show-Cause Memorandum) – The employer must issue a written notice specifying the acts or omissions constituting the ground for disciplinary action. It should clearly state the details of the alleged threat and inform the employee of the time and place to submit an explanation or to attend a hearing.
Opportunity to Respond – The employee must be given the chance to explain in writing and/or to present evidence in a hearing or conference.

4.2 Hearing or Conference

Although a formal trial-type hearing is not strictly required, a hearing or conference where the employee can defend themselves, submit evidence, or clarify issues satisfies the substantive due process requirement.

4.3 Second Notice (Notice of Decision)

After carefully evaluating the evidence, the employer must provide a written notice of decision that:

Summarizes the charge.
States the findings, evaluation of the evidence, and reasoning.
Specifies the penalty imposed, if any.

Failure to observe these procedural steps can render the dismissal (or other disciplinary action) illegal, exposing the employer to liabilities including payment of back wages or damages.

5. Burden of Proof

It is the employer’s burden to prove the validity of the disciplinary action. Documentation and proper record-keeping are crucial. Critical evidence may include:

Written statements from witnesses or the complainant.
CCTV footage, if available.
Email or text messages containing the threats.
Physical evidence (where relevant).

Gathering sufficient proof before taking disciplinary action not only protects the employer from legal repercussions but also strengthens the company’s position in any subsequent labor dispute.

6. Best Practices for Employers

Have Clear Policies
Ensure that the Employee Handbook or Code of Conduct explicitly states that threatening behavior is unacceptable and details the corresponding disciplinary measures.
Document Everything
- Log incidents, gather witness statements, and preserve relevant digital evidence.
- Maintain copies of all notices (show-cause memorandum, notice of decision) and receipts of acknowledgment from the employee.
Impartial Investigation
- Assign an investigative panel or officer with no direct involvement in the incident.
- Interview the accused employee, the complainant, and witnesses thoroughly.
Conduct a Proper Hearing
- Allow the accused employee to refute the claims and present evidence.
- Be sure to observe confidentiality and neutrality during proceedings.
Ensure Sanctions Are Proportionate
- The penalty for threatening behavior must match the severity of the misconduct. For serious threats that jeopardize safety, dismissal may be justified.
- For less serious or first-time infractions, a suspension or final warning might be sufficient.
Provide Support
- If the complainant experiences trauma or fear, consider offering counseling or reassignments for safety.
- If the aggressor is retained (after lesser disciplinary action), it may be necessary to impose additional measures, such as a “no-contact order” within the workplace.
Consider External Authorities
- In extreme cases where the threat entails possible criminal liability (e.g., grave threats or harassment), the employer or the victim may decide to involve law enforcement.

7. Penalties for Non-Compliance with Legal Standards

Illegal Dismissal: Employers who terminate an employee without just cause or without following due process can be liable for reinstatement, full back wages, and other benefits.
Monetary Damages: The employee may be awarded moral or exemplary damages if the company acted in bad faith or in a manner short of fair dealing.
Administrative Liabilities: Unfair labor practices or violations of workers’ rights can subject the company to potential administrative sanctions.

8. Special Considerations

Preventive Suspension
If the threat is deemed severe and continuing employment of the accused poses a risk to safety or property, employers can impose a preventive suspension of up to 30 days during the investigation. The employer must still observe due process, and the length of the suspension cannot exceed 30 days unless the employee is paid beyond that period.
Workplace Harassment Policies
If the threat is linked to harassment (sexual or otherwise), the company is obligated to investigate under existing regulations (e.g., the Safe Spaces Act, if applicable) and ensure a safe working environment.
Security Measures
In cases involving credible threats of violence, employers should not hesitate to institute heightened security protocols (e.g., additional guards, access restrictions, or direct coordination with local police).
Alternative Dispute Resolution (ADR)
While serious misconduct often demands disciplinary action, parties can explore mediation or alternative dispute resolution if the incident might be resolved without formal termination. This approach can prevent further escalation and preserve a working relationship when feasible.

9. Practical Example of a Disciplinary Process Flow

Incident Occurrence
A supervisor reports that an employee threatened to “physically harm” them during a heated argument.
Preliminary Fact-Finding
HR interviews witnesses and gathers any relevant evidence (e.g., video footage, emails).
Issue Show-Cause Notice
The employee is formally notified of the charges (threatening behavior) and is given 48–72 hours to respond in writing.
Hearing / Conference
The employee attends a meeting with management or an investigative panel, where they present their side of the story.
Evaluation
Based on the evidence (witness statements, possibly video recordings), HR/management concludes that the threat was severe.
Decision and Notice
The employer decides to terminate the employee for serious misconduct and issues a final notice explaining the grounds and evidence relied upon.
Documentation and Records
All documents related to the investigation and disciplinary process are filed and retained.

Conclusion

Handling disciplinary action against an employee who has threatened others in the workplace requires careful adherence to both legal and procedural standards in the Philippines. By documenting thoroughly, following due process, and imposing fair and proportionate sanctions, employers can lawfully address serious misconduct while minimizing risks of legal exposure. Moreover, timely and decisive action helps maintain a safe and respectful working environment.

Disclaimer: This guide provides general information and does not serve as legal counsel. Employers should consult a qualified labor lawyer for advice tailored to their specific circumstances, especially in cases involving severe threats or potential criminal liability.